United States v. Terry M. Corbett

• Court: Court of Appeals for the Eighth Circuit
• Decided: April 5, 1996
• Docket: 95-3238
• Status: Unpublished

Opinion

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No. 95-3238 ___________

United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Terry Michael Corbett, * [UNPUBLISHED] * Appellant. *

Submitted: March 19, 1996

Filed: April 5, 1996 ___________

Before McMILLIAN, WOLLMAN, and MURPHY, Circuit Judges. ___________

PER CURIAM.

Terry Michael Corbett appeals the judgment of conviction the district 1 court entered upon his guilty plea to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Relying on United States v. Lopez, 115 S. Ct. 1624 (1995), Corbett argues that Congress lacks authority to make a felon's possession of a weapon a federal crime. Corbett's argument, however, is foreclosed by our recent opinion in United States v. Shelton, 66 F.3d 991, 992 (8th Cir. 1995) (per curiam) (rejecting Lopez challenge to § 922(g)), petition for cert. filed, No. 95-8099 (U.S. Feb. 26, 1996). See also United States v. Rankin, 64 F.3d 338, 339 (8th Cir.) (per curiam) (holding § 922(g)(1) clearly tied to interstate commerce), cert. denied, 116 S. Ct. 577 (1995).

1 The Honorable Charles A. Shaw, United States District Judge for the Eastern District of Missouri. Accordingly, the judgment is affirmed.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

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